New powers for police in domestic violence cases

Louise HallNovember 28, 2008

NEW rules have been introduced that strip police of discretion when
responding to domestic violence, meaning they must arrest and charge all
offenders. The onus has been taken from victims to press charges.

Victims' support groups have welcomed the changes, saying the transfer of
responsibility for prosecution from the victim to police will lessen victims'
fear of retribution and result in more perpetrators bought to justice.

The Minister for Police, Tony Kelly, said the new "standard operating
procedures" would wipe out the inconsistencies in the way domestic violence
incidents were treated throughout the state.

In the past it it has been up to the victim to lay charges, with police using
their discretion to act on their behalf in very serious cases. Mr Kelly said the
police would now initiate the action and automatically lay charges themselves in
all cases.

"A number of victims are not game to lay charges … because they are concerned
with further domestic violence," Mr Kelly said. "Now it's taken out of their
hands."

Howard Brown of the Victims of Crime Assistance League said victims would
feel safer as their role would be limited to providing corroborating, rather
than primary, evidence.

"That means the victim is going to feel far more comfortable with the process
because any retribution the offender may seek is more likely to be directed
towards police, who are the principle informants, rather than the victim."

While the victim would still be required to give evidence in court, officers
will collect as much evidence as they can using a domestic violence evidence
kit, said Superintendent Rod Smith, the domestic violence spokesman for the NSW
Police.

The kit, which is being introduce across the state, contains a stills and
video camera so police can document injuries to the victim and damage to
property. All officers will also attend a two-day training course and keep a
domestic violence checklist in their notebook.

Betty Green, the convener of the NSW Domestic Violence Coalition, said the
pro-arrest policy was "an important first step" in providing better protection
for victims and children.

All children in the family, even if they are not directly affected by the
violence, will be reported to the Department of Community Services. Women will
be given an information card with contact details for support services available
in their area around the clock.

Ms Green said she hoped breaches of apprehended violence orders would now be
treated more seriously by police.

"Whether it's Broken Hill, Bathurst or Bankstown, the police response should
be the same."

There were more than 27,000 domestic violence-related assaults in NSW last
year.